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Ozone Depleting Substance
Consumption (Control) Rules, 2001
Publication Date in Nepal Gazette
Feb. 19, 2001
In exercise of the power conferred by Section 24 of the Environment Protection Act, 1996, His Majesty's Government has framed the following Rules
1. Short Title and Commencement
- These Rules may be cited as the "Ozone Depleting Substances Consumption (Control) Rules, 2001".
- These Rules shall come into force immediately.
2. Definitions: Unless the subject or context otherwise requires, in these Rules;
- "Act" means the Environment Protection Act, 1996.
- "Convention" means Vienna Convention for the Protection of the Ozone Layer, 1985.
- "Protocol" means The Montreal Protocol on Substances that Deplete the Ozone Layer, 1987.
- "Substance" means any substance from among the controlled Ozone Depleting Substances as mentioned in the annexes A, B, C and E of the Protocol and as incorporated in the specifications pursuant to rule 3 and this word also refers to any substance prescribed by the Ministry from time to time by notification published in the Nepal Gazette.
- "Importer" means any person, firm or enterprise possessing license in accordance with the existing law to import substance into the kingdom of Nepal from any foreign countries.
- "Dealer" means any person, firm or enterprise that conducts sales and distribution of the substance or agent of such person, firm or enterprise and this words also refers to the importer of the substance which himself conducts sales and distribution of the substance.
- "Consumption" means consumption of the substance through trading and business in refrigeration, air conditioning, agriculture, health including fire extinguishing or industrial uses and this word also refers to sales & distribution, storing or stocking of the substance.
- "Licensing Authority" means Director General of the Department of Commerce and this word also refers to any other official designated by His Majesty's Government as export import controller.
3. Specification, Quantity and Phase Out Rate of the Substance
- Under these rules specification of the substance to be consumed as well as sold and distributed within the Kingdom of Nepal as prescribed in
schedule 1.
- The annual consumption, import quantity and phase out rate of the substance shall be as prescribed by the Ministry through notification published in the Nepal Gazette.
4. License to be Issued
Licensing authority for import of substance, pursuant to Rule 3 and existing law, shall issue the license for import of the substance under the procedure, conditions, specifications, quantitative norms and phase out rate set forth by the Ministry.
5. Conditions to be Fulfilled by the Importer
The Ministry, in accordance with the provision of the Protocol, may prescribe the following conditions to be fulfilled by the importer:
- The importer should possess the certificate issued by the producer confirming the quality in accordance with the specification of the substance,
- The importer must have in his possession the Load port certificate issued by the concerned agency confirming the specification, quality, quantity and container packaging of the substances during the dispatch of such substance from the country of export,
- For imported substance the load port certificate, regarding the specification, quality, quantity and container packaging, issued by the concerned agency shall have to be submitted while unloading every consignment of the imported substances at the concerned custom point.
- While importing the substance into Nepal purchased from a foreign country such substance must be purchased from the person, firm or enterprise possessing license to export the substance.
- Quantity of the substance permissible for import at a time shall be as prescribed.
- The substance to be imported shall have to be purchased from the countries that are parties to the Convention or Protocol,
- The imported substance shall not be re-exported to any other country,
- No misdeclaration should be made regarding the specification, quantity, quality and relevant certificates etc. of the substance,
- While importing the substance the following details obtained from the exporter of the concerned country shall have to be submitted to the concerned custom office:
- Name and address of the importer
- Specification and quantity of the substance (in Metric Tons)
- Exporter of the substance and the country
- Trade and scientific (chemical) name of the substance and harmonized system (H.S.) code as prescribed by the World Custom Organization.
- Date of production of the substance
- Country of production and the name of the producer of the substance
- Description of the substance whether it is newly produced or recycled or recovered
- Price of the substance (in US Dollars)
6. No Consumption and Trade of the Substance in Contradiction to These Rules
No person shall do or cause to do the consumption and sales & distribution of the substance in contradiction to these Rules.
7. Functions, Duties and Rights of the Ministry
The Ministry, for regulation and control of the consumption as well as sales & distribution of the substance and cause to do so will have the following functions, duties and rights:
- The Ministry, based on the provision of the Protocol, shall prescribe necessary procedures and conditions for the import of the substance.
- To prescribe necessary specification, annual import and consumption quantity as well as the phase out rate of the substance for trade, business needed in refrigeration, air conditioning, agriculture, health including fire extinguishing services and in industrial uses.
- To take and cause to take necessary actions for gradual phasing out of the annual import and consumption quantity of the substance up to the zero limit within a scheduled period in accordance with the provision of the Protocol.
- To monitor and evaluate the status of the consumption as well as sales and distribution of the substance regularly.
- To carry out and cause to carry out any other needful activities for regulating and controlling of the consumption of the Ozone Depleting Substances in accordance with the objectives of the Act, these Rules, Convention and Protocol.
8. Need to Notify the Ministry
The licensing authority shall, after issuing the license for the import of the substance or it's amendment or suspension or cancellation of such license in accordance with the existing laws, submit written information about the same to the Ministry within 10 days.
9. Approved Payment System to be Adopted
- The person, firm or enterprise holding license issued under the existing laws, will be allowed to import the substance only in accordance with the approved payment system by the Nepal Rastra Bank. For this purpose, the concerned license holding importer should apply in any commercial bank of the Kingdom of Nepal within 15 days from the date of obtaining such license.
- The license holder person, firm or enterprise while applying to any commercial bank for the import of the substance pursing to sub-rule (1) above shall also submit a copy of the application and other documents for the information of Ministry.
- The concerned commercial bank, upon the receipt of the application as per the sub-rule (1) for the import of the substance in accordance with the license issued by the licensing authority should make necessary arrangements for the payment as per existing laws and inform the Ministry about the same immediately.
10. Need to Notify about the Import
Upon bringing in of the substance by the importer at the concerned custom point, the concerned custom office shall notify the Ministry with all the details about the same.
11. Details to be Submitted by the Importer Regarding Import of the Substance and the Dealer
The importer shall, on six monthly basis, submit the details of the specification, quantity and type of the substances imported as well as sold & distributed to the dealers as well as in his stock to the Ministry prepared indicated as in the format provided in Schedule-2. The importer, along with these details, shall also submit information about the name and addresses of the dealers in the format prescribed by the Ministry.
12. Documentation and Details
- The importer should maintain updated the following documentation and other details related to the imported substances and should submit it to the Ministry any time on its demand:-
- Details about the quantity, quality, type and price of the substance imported into the Kingdom of Nepal.
- Details about the quantity and type of the substance sold to the buyers directly or through the dealer.
- Quantity and type of the substance in stock.
- Upon failure of the importer to submit the documentation and details on the demand of the Ministry as mentioned in sub-rule (1), the Ministry may issue a written notice to the licensing authority for not issuing the license to such importer in future.
- It will be the duty of any person, firm or enterprise having imported any substance before the commencement of these Rules to submit the details of the existing stock of the substance at his disposal and relevant documentation and details to the Ministry on demand.
13. Inspection at the Custom Point
The Ministry, if felt necessary, may inspect the substance brought in by the importer at the custom point on intimation by the relevant custom office about the same in accordance with Rule 10.
14. The Dealer to Register its Name
- In accordance with these Rules, any dealer willing to purchase the substance from the importer and subsequently to sell it to the buyer, should get registered in the Ministry and secure Ministry's approval for trading of such substance.
- In connection with the trading of the substances any dealer must comply with the conditions set forth by the Ministry from time to time.
15. Submission of the Details by the Dealer on Purchase of Substance and the Sales of the Same to the Buyer
- The dealer shall, on six monthly basis, submit the details of the specification, quantity and type of the substances purchased from the importer and sold to the buyers as well as existing stock of the substance at his disposal to the Ministry prepared in accordance with the format as provided in Schedule-3. Along with the above-mentioned details the dealer shall also submit details about the name and address of the importers who had sold the substance to him and the buyer to whom he has sold the substance as well as the details on for what purpose the buyer have purchased the substance from him in accordance with the format as provided by the Ministry.
- The buyer of the substance, on demand of the Ministry, shall furnish to it, the details on specification, quantity, type bought by him as well as existing stock of the substance along with the information whether or not the substance has been consumed for the designated purpose.
16. Consumption as per the Designated Purpose
- Any person, firm or enterprise shall not be allowed to consume the substance imported or bought by him for other than the designated purpose.
- Action as per the existing laws shall be taken against the importer or the buyer consuming the substance for other than the designated purposes.
17. Needful Instruction May be Given
To carry out or cause to carry out the effective regulation and control of the consumption and trading of the substance, the Ministry may issue necessary orders and instructions. It shall be the duty of all the concerned to comply or cause to comply with such orders and instructions.
18. Ministry May Make Necessary Arrangements
For the effective regulation and control of the consumption and trading of the substance, the Ministry may, as necessary, depute inspector, surveyor or other expert on the relevant subjects or make any other appropriate arrangements and also prescribe procedures to be adopted for the same.
19. Cooperation to be Extended
In connection with the implementation of these Rules, concerned agency, person, firm or enterprise should extend necessary cooperation to the inspector, surveyor or the expert on the relevant subject deputed by the Ministry for the inspection, supervision or monitoring.
20. Sub-committee or Task Force May be Formed
- For the effective regulation and control of the consumption and trading of the substance as well as for the implementation of the provision of these Rules, the Ministry may, from time to time, form sub-committee or task force as necessary.
- The function, duty, authority and procedure of the sub-committee or task force formed as per the sub-rule (1) shall be as prescribed by the Ministry.
21. Authority to Frame Guidelines
The Ministry may, subject to the Act and these Rules, frame and enforce necessary guidelines regarding the consumption and trading of the substance and it will be the duty of all concerned to comply with such guidelines.
22. Authority to Inflict Punishment
The authority to inflict punishment to those consuming and trading the substance in contrary to these Rules shall be the Ministry.
23. Applicability of These Rules
For matters as provided for in these Rules, these very Rules shall prevail while for matter not provided in these Rules, the existing laws shall prevail.
24. Changes or Alterations in Schedules
The Ministry may make necessary changes or alternations in the schedules by notification in the Nepal Gazette.
Schedule -1
( Pertaining to Rule 3)
Specification of the Substance
Group: "A"
| S.N. |
H.S. Code |
Chemical Composition of ODS |
Name of ODS |
ODP |
| 1 |
2903.41 |
TrichlorofluoromethaneCFCl3 |
CFC-11 |
1 |
| 2 |
2903.42 |
DichlorodifluoromethaneCF2Cl2 |
CFC -12 |
1 |
Group: "B"
| S.N. |
H.S. Code |
Chemical Composition of ODS |
Name of ODS |
ODP |
| 1 |
2903.49 |
ChlorodifluoromethaneCHF2Cl |
HCFC-22 |
0.055 |
Group: "C"
| S.N. |
H.S. Code |
Chemical Composition of ODS |
Name of ODS |
ODP |
| 1 |
2903.46 |
Bromochlorodifluoromethane CF2BrCl |
Halon-1211 |
3 |
| 2 |
2903.46 |
Bromotrifluoromethane CF3Br |
Halon-1301 |
10 |
| 3 |
2903.46 |
Dibromotetrafluoroethane C2F4Br2 |
Halon-2402 |
6 |
Group: "D"
| S.N. |
H.S. Code |
Chemical Composition of ODS |
Name of ODS |
ODP |
| 1 |
2903.14 |
TetrachloromethaneCCl4 |
Carbon Tetrachloride |
1.1 |
Group: "E"
| S.N. |
H.S. Code |
Chemical Composition of ODS |
Name of ODS |
ODP |
| 1 |
2903.13 |
1,1,1-Trichloroethane C2H3Cl3 |
Methyl Chloroform |
0.1 |
Group: "F"
| S.N. |
H.S. Code |
Chemical Composition of ODS |
Name of ODS |
ODP |
| 1 |
2903.49 |
Bromomethane CH3Br |
Methyl Bromide |
0.6 |
Clarification
For the purpose of this Schedule,-
- ODS means Ozone Depleting Substances.
- ODP means Ozone Depleting Potential of the substance.
Note
- Group "A" is related with Group-1 of Annex-A of the Protocol.
- Group "B" is related with Group-1 of Annex-C of the Protocol.
- Group "C" is related with Group-2 of Annex-A of the Protocol.
- Group "D" is related with Group-2 of Annex-B of the Protocol.
- Group "E" is related with Group-3 of Annex-B of the Protocol.
- Group "F" is related with Group-1 of Annex-E of the Protocol.
Schedule-2
(Pertaining to Rule 11)
Details on Import of Ozone Depleting Substances
by the Importer and it's Sales to the Dealer
To,
The Environment Division
Ministry of Population and Environment
Singhdurbar, Kathmandu, Nepal.
Importer should mention about the specification, total quantity and type of substance imported (whether it is newly produced, recycled or recovered?)
Date: From 200
to
. 200
Name of the importer (person, firm or enterprise):
| S.N. |
Substance |
H.S. Code |
Type and total quantity* of the imported substance |
Type and quantity* of the substance sold to dealer |
Remaining stock |
| 1 |
CFC-11 (CFCl3) |
2903.41 |
|
|
|
| 2 |
CFC-12 (CF2Cl2) |
2903.42 |
|
|
|
| 3 |
HCFC-22 (CHF2Cl) |
2903.49 |
|
|
|
| Total:- |
|
|
|
*To be mentioned in Metric Tons
Date:- Name, address and signature of importer:-
Schedule -3
(Pertaining to Rule 15)
Details on the Purchase of the Ozone Depleting Substance by the Dealer and its Sales to the Buyer
To,
The Environment Division
Ministry of Population and Environment
Singhdurbar, Kathmandu, Nepal.
Dealer should mention about the specification, total quantity and type of substance purchased (whether it is newly produced, recycled or recovered?)
Date: From 200
to
. 200
Name of Dealer (person, firm or enterprise):
| S.N. |
Substance |
H.S.Code |
Type and total quantity* of the substance purchased from importer |
Type and quantity* of the substance sold to buyer |
Remaining stock |
| 1 |
CFC-11 (CFCl3) |
2903.41 |
|
|
|
| 2 |
CFC-12 (CF2Cl2) |
2903.42 |
|
|
|
| 3 |
HCFC-22 (CHF2Cl) |
2903.49 |
|
|
|
| Total:- |
|
|
|
*To be mentioned in Metric Tons
Date:- Name, address and signature of Dealer:-
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